Huquq al-Insan wa al-Qadaya al-Kubra
- Author died
- 1429 AH
- Editions
- Majallat Majma‘ al-Fiqh al-Islāmī
Huquq al-Insan wa al-Qadaya al-Kubra (Human Rights and Major Issues) is a treatise by the Jordanian Islamic thinker and diplomat Kamil al-Sharif (d. 1429 AH / 2008 CE), examining human rights jurisprudence in Islam and analyzing contemporary political and humanitarian crises in the Muslim world .
Background and Context
The work originated as a research paper presented at the Human Rights Symposium organized by the Muslim World League at the Islamic Cultural Center in Rome in 1420 AH / 2000 CE . Written approximately two years after the fiftieth anniversary of the 1948 Universal Declaration of Human Rights, the author sought to reassess modern international human rights frameworks from an Islamic vantage point . Al-Sharif argues that while international declarations contain noble aspirations, their historical application has reflected the biases of dominant global powers, creating a pressing need for the spiritual and moral foundations provided by Islamic teachings .
Foundations of Human Rights in Islam
In the introductory section, the author identifies three foundational distinctions between the Islamic worldview and secular charters regarding human rights:
- Rights in Islam are anchored in God's rights over creation, which grants them divine inviolability and permanence .
- Rights are intrinsically linked to reciprocal duties; neglect of duties compromises entitlement to rights .
- Both rights and duties represent religious obligations (fara'id), the fulfillment of which is spiritually rewarded and the violation penalized .
Structure and Thematic Content
The book is structured into twelve main thematic chapters followed by a conclusion:
- Human Dignity (Karamat al-Insan): Traces early notions of justice in the pre-Islamic Arab tradition—specifically Hilf al-Fudul—and highlights the Quranic doctrine of human nobility based on verse وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ ("And We have certainly honored the children of Adam and carried them on the land and sea") [Al-Isra: 70], emphasizing universal human worth regardless of status .
- Racism and Racialism (al-'Unsuriyyah wa al-Sulaliyyah): Contrasts Western racial theories and supremacism—ranging from Enlightenment-era thinkers to Nazism and Zionism—with Islamic egalitarianism derived from shared origin from Adam and Eve, where superiority is determined solely by piety (taqwa) .
- Women's Rights (Huquq al-Mar'ah): Explores the elevated status of women in Islamic law, contrasting it with historical European legal subjection prior to modern property acts, and addresses Western misconceptions concerning Muslim women .
- Minority Rights (Huquq al-Aqalliyyat): Discusses the protection of non-Muslim religious minorities under Sharia, citing the Prophet's pacts with the Christians of Ayla and Najran, Umar ibn al-Khattab's covenant in Jerusalem, and Sultan Mehmed II's decree to the Christian Patriarch in Constantinople .
- Freedom of Expression (Hurriyyat al-Ta'bir): Details Islam's mandate for rational reflection and dialogue, noting that free speech is paired with moral accountability to prevent defamation and social corruption .
- Dialogue of Civilizations (Hiwar al-Hadarāt): Argues for interfaith engagement based on shared moral concerns, including combating atheism, substance abuse, and family breakdown .
- Rejection of Terrorism (Rafd al-Irhab): Condemns ideological and violent extremism on the basis of Quran 5:32, while critiquing political double standards that overlook state-sponsored violence .
- Economic Rights (al-Huquq al-Iqtisadiyyah): Explains Islamic protections for private property and enterprise alongside strict regulations prohibiting usury, monopoly, and excessive wealth concentration .
- Workers' Rights (Huquq al-'Ummal): Details the sanctification of labor, fair wage compensation, training, and state social security for disabled and aging workers .
- International Cooperation (al-Ta'awun al-'Alami): Highlights principles of justice, non-aggression, fulfillment of treaties, and early Islamic diplomatic immunity .
- Laws of War (Qawanin al-Harb): Summarizes Islamic rules of engagement, including Caliph Abu Bakr's directives prohibiting harm to non-combatants, property, and monks, as well as the humane treatment of prisoners of war .
Major Islamic Causes
The final substantive chapter analyzes four major humanitarian and political crises in the Islamic world:
- Palestine (Qadiyyat Filastin): Critiques the ideological and imperialist underpinnings of Zionism, examining Western backing, displacement of Palestinians, and the double standards of international law .
- Chechnya (Qadiyyat al-Shishan): Details the history of Russian military aggression in the Caucasus, Soviet-era deportations under Stalin in 1944, and contemporary Chechen struggles for self-determination .
- Balkan Muslims (Muslimu al-Balqan): Documents Serbian military campaigns and ethnic cleansing against Muslim populations in Bosnia and Herzegovina and Kosovo, citing UN and human rights documentation of mass casualties, detention, and cultural destruction .
- Jammu and Kashmir (Qadiyyat Jamu wa Kashmīr): Discusses the Indian subcontinent partition resolutions, the demographic realities of Kashmir, and the denial of self-determination .
In the book's conclusion, al-Sharif calls for structural reform of international bodies such as the United Nations to curb the unilateral hegemony of major powers, urging Muslims to champion and apply genuine human rights principles derived from Islamic jurisprudence .
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